Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender’s interest in the Property only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Administrative Agent or any Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Administrative Agent’s or such Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Administrative Agent’s or such Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of the Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Administrative Agent or any Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of Administrative Agent’s or such Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Administrative Agent’s or such Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above. ADMINISTRATIVE AGENT: CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Director LENDERS: CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Senior Director LENDERS (cont’d): REGIONS BANK, an Alabama banking corporation By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: Senior Vice President each a Delaware limited liability company By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Vice President and Treasurer Borrower: CCP Xxxxxx 7515 LLC, a Delaware limited liability company Name of Project: Xxxxxx Ranch Nursing & Rehab Center Address of Project: 0000 Xxxxx Xxxxxx Road, Xxxxxx, Xxxxxx County, Texas 78748 Number of Residential Units: 120 Legal Description of Land: BEING 4.717 ACRES OF LAND OUT OF THE XXXXXX XXXXXX LEAGUE SURVEY NO. 2, ABSTRACT NO. 27, IN XXXXXX COUNTY, TEXAS, BEING THAT SAME TRACT CONVEYED TO VTR XXXXXX RANCH, LLC IN DEED RECORDED IN DOCUMENT NO. 2015015544, OFFICIAL PUBLIC RECORDS OF XXXXXX COUNTY, TEXAS; SAID 4.717 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A FOUND ALUMINUM MONUMENT ON THE SOUTHERN RIGHT-OF-WAY OF XXXXX XXXXXX ROAD BEING S02°46’42”E A DISTANCE OF 2.63’ FROM A FOUND IRON REBAR WITH CHAPARRAL CAP SET FOR THE NORTHWEST CORNER OF THE REMAINDER OF THE SAID 5.003 ACRE TRACT, BEING ALSO THE XXXXXXXXX XXXXXX XX X 0.000 XXXX XXXXXX DEED RECORDED IN DOCUMENT NO. 2009029056, THE NORTHEAST XXXXXX XX XXX 0 XXX XXX XXXXXXXXX XXXXXX XX X 0.166 ACRE RIGHT OF WAY DEDICATION DESCRIBED IN RANCHO ALTO PHASE IV, A SUBDIVISION RECORDED IN DOCUMENT NO. 200900036, ALL OF THE OFFICIAL PUBLIC RECORDS OF XXXXXX COUNTY, TEXAS; THENCE ALONG SAID RIGHT-OF-WAY FOR THE FOLLOWING THREE COURSES: N87°20’43”E 27.91’; THEN...
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender’s interest in the Property only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. Note B Designated Representative shall be entitled to the benefits of this Section 11.31 as if each reference herein to “Lender” included, without limitation Note B Designated Representative.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above. GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: /s/ Dxxxx X. Xxxxxxxxxx Name: Dxxxx X. Xxxxxxxxxx Title: Managing Director COP – WESTERN AVE., LLC, a California limited liability company By: Cornerstone Operating Partnership, L.P., a Delaware limited partnership, its Sole Member By: Cornerstone Core Properties REIT, Inc., a Maryland corporation, its General Partner By: /s/ Kxxx Xxxxxxx Name: Kxxx Xxxxxxx Title: President and Chief Operating Officer
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: _/s/ Xxxxx X. Martindale_______________Name: Title: BORROWER: Acadia Storage Post Portfolio Company LLC By: _/s/ Xxxxxx Masters__________________Name: Xxxxxx MastersTitle: Senior Vice President By executing this Joinder (the “Joinder”), the undersigned (“Joinder Parties”) jointly and severally guarantee the payment and performance by Borrower of Borrower’s obligations with respect to environmental matters under Article 5 of this Agreement, and all obligations and liabilities for which Borrower is personally liable under Section 13.1 of the Agreement to which this Joinder is attached. Without limiting the foregoing, upon the occurrence of any of the events described in Section 13.1(3), Borrower shall be personally liable for, and the Joinder Parties shall jointly and severally guaranty the payment and performance by Borrower of, the Loans and all principal, interest and other sums owing under the Loan Documents. This Joinder is a guaranty of full and complete payment and performance and not of collectibility.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of the Administrative Agent or any Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of the Administrative Agent or any such Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of the Administrative Agent or any such Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. LOAN AGREEMENT - Page 25 Fxxxx Xxxxxx Xxxs./78416 EXECUTED as of the date first written above. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a New York corporation By: /s/ DAVIX X. XXXXXXXXXX ------------------------------------------------ Davix X. Xxxxxxxxxx, Xxthorized Signatory BORROWER: S/M REAL ESTATE FUND VII, LTD. a Texas limited partnership By: SM7 APARTMENT INVESTORS INC., a Texas corporation, Authorized General Partner By: /s/ RICHXXX X. XXXXXXXX -------------------------------------------- Richxxx X. Xxxxxxxx, Xxesident LOAN AGREEMENT - Page 26 Fxxxx Xxxxxx Xxxs./78416 31 JOINDER
